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Friday, March 4, 2011

The Law In Illinois Is Clear On This

I want to point out two different laws here in Illinois, see if you can spot the major difference between them. Just so I won't be accused of misquoting or misleading the facts or making things up, I will post post both laws in their entirety.

Number 1: Pertaining to Seat Belts:

(625 ILCS 5/12-603.1) (from Ch. 95 1/2, par. 12-603.1)
Sec. 12-603.1. Driver and passenger required to use safety belts, exceptions and penalty.
(a) Each driver and front seat passenger of a motor vehicle operated on a street or highway in this State shall wear a properly adjusted and fastened seat safety belt; except that, a child less than 8 years of age shall be protected as required pursuant to the Child Passenger Protection Act. Each driver under the age of 18 years and each of the driver's passengers under the age of 19 years of a motor vehicle operated on a street or highway in this State shall wear a properly adjusted and fastened seat safety belt. Every passenger under the age of 19 in a vehicle being driven by a person over the age of 18 who committed an offense against traffic regulations governing the movement of vehicles or any violation of this Section or Section 6-107 of this Code within 6 months prior to the driver's 18th birthday and was subsequently convicted of the violation, shall wear a properly adjusted and fastened seat safety belt, until such time as a period of 6 consecutive months has elapsed without the driver receiving an additional violation and subsequent conviction of an offense against traffic regulations governing the movement of vehicles or any violation of this Section or Section 6-107 of this Code. Each driver of a motor vehicle transporting a child 8 years of age or more, but less than 16 years of age, shall secure the child in a properly adjusted and fastened seat safety belt as required under the Child Passenger Protection Act.
(b) Paragraph (a) shall not apply to any of the following:
1. A driver or passenger frequently stopping and
leaving the vehicle or delivering property from the vehicle, if the speed of the vehicle between stops does not exceed 15 miles per hour.
2. A driver or passenger possessing a written
statement from a physician that such person is unable, for medical or physical reasons, to wear a seat safety belt.
3. A driver or passenger possessing an official
certificate or license endorsement issued by the appropriate agency in another state or country indicating that the driver is unable for medical, physical, or other valid reasons to wear a seat safety belt.
4. A driver operating a motor vehicle in reverse.
5. A motor vehicle with a model year prior to 1965.
6. A motorcycle or motor driven cycle.
7. A moped.
8. A motor vehicle which is not required to be
equipped with seat safety belts under federal law.
9. A motor vehicle operated by a rural letter
carrier of the United States postal service while performing duties as a rural letter carrier.
(c) Failure to wear a seat safety belt in violation of this Section shall not be considered evidence of negligence, shall not limit the liability of an insurer, and shall not diminish any recovery for damages arising out of the ownership, maintenance, or operation of a motor vehicle.
(d) A violation of this Section shall be a petty offense and subject to a fine not to exceed $25.
(e) (Blank).
(f) A law enforcement officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation of this Section.

Number 2: Pertaining to Residency Requirements to be Elected Mayor of a Town or City in Illinois:

(65 ILCS 5/6-3-9) (from Ch. 24, par. 6-3-9)
Sec. 6-3-9. Qualifications of mayor, city clerk, city treasurer and aldermen - Eligibility for other office.
No person shall be eligible to the office of mayor, city clerk, city treasurer or alderman:
(1) Unless he is a qualified elector of the municipality and has resided therein at least one year next preceding his election or appointment; or
(2) Unless, in the case of aldermen, he resides within the ward for which he is elected; or
(3) If he is in arrears in the payment of any tax or other indebtedness due to the city; or
(4) If he has been convicted in Illinois state courts or in courts of the United States of malfeasance in office, bribery, or other infamous crime.
No alderman shall be eligible to any office, except that of acting mayor or mayor pro tem, the salary of which is payable out of the city treasury, if at the time of his appointment he is a member of the city council.

Okay, did you spot the difference? I'll tell you, so as not to keep you in suspense. For violation of not wearing your seat belt, you will be subject to a fine of not more than $25. For violation of the second offense, which is not meeting the residency requirements to be elected mayor of a city in Illinois, there is no fine or penalty associated with this violation.

Now, explain to me how come Rahm Emanuel can break Illinois law and not be penalized? He clearly violated the law because he moved to Washington, D.C. for 18 months and rented out his residence to somebody else. He couldn't even stop at his own house when returning to Chicago because the people who have the lease for it wouldn't let him in. How can he maintain that he's lived in Chicago when he can't even provide a residence as his own legal province? I'd like to see the Illinois State Police enforce this law and go arrest him. Or at least fine him. The ISP is quite familiar with fining people who have "broken the law." And they are well up to the task of enforcing the law here in Illinois; you'd better believe it.